000 01237cab a2200229 4500
001 A158
008 090401t1992 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u27348
041 _aeng
245 _aEastwood D C v MacTaggart & Mickel Ltd
260 _c1992
350 _a0
490 _aScottish Civil Law Reports
_v1992 SCLR 656-661(6)
520 _aCourt of Session. The planning authority (E) appealed against a decision of the SoS for Scotland, made on appeal, granting planning permission to M for a residential development. Conditions were attached to the consent. The ambiguity of the wording of the conditions were at issue. Held, that it was equally ultra vires to impose a condition which was void for uncertainty as to impose one which was absurd and produced a result that was clearly not the one intended. As the condition could not be severed from the planning permission the whole decision had to be quashed; appeal allowed and decision remitted to SoS to consider anew.
650 _aPLANNING CONDITIONS
650 _aPLANNING PERMISSION
650 _aSCOTLAND
650 _aTOWN AND PLANNING (SCOTLAND) ACT 1972 S19
690 _aPLANNING LAW AND PRACTICE-CASE LAW
942 _n0
948 _c04/03/1997
999 _c18402
_d18402